Law & Social Science
Professor David Kwok
Spring 2016
Email: dkwok@uh.edu
Office: 118 TU II
Assistant: Amanda Parker
Overview
This course focuses on the role of the social sciences within the legal system. We will look at the impact
of social science research and evidence in a variety of contexts, including trademark, damages, school
segregation, and tort liability. For example, how should courts use survey evidence in determining
whether trademarks cause confusion in the marketplace? The social sciences include the disciplines of
psychology, economics, sociology, and anthropology. Students should expect to gain sufficient scientific
literacy to critically read and apply social science research.
Class will meet on Tuesdays and Thursdays from 2:30pm to 4:00pm.
Textbook
John Monahan & Laurens Walker, Social Science in Law: Cases & Materials, 7th ed. (2010)
Attendance Policy
You should attend class sessions and arrive on time. If you arrive late, out of respect for the other
students and the class environment, please try to minimize the disturbance. The Law Center attendance
policy requires attendance of 80% of all scheduled (or makeup) classes or a student risks being dropped.
I will take attendance by distributing a roll sheet at the beginning of each class. Each student should
personally initial by his or her name for that class session. It is your responsibility to ensure that you
have initialed the roll sheet before you leave the classroom. Students who do not sign the role sheet are
deemed to have been absent. You may not sign the role sheet if you miss more than 15 minutes of class.
Please note that you are responsible for managing your absences from class and ensuring that your total
number of absences does not exceed the class threshold. Even if you have notified me that you will be
absent, that absence still uses one of your available absences. An absence is an absence, regardless of
the reason, except for absences covered by the University and Law Center religious holiday policy.
Students who exceed five (5) absences will be reported to the Associate Dean. If a student exceeds the
threshold by one absence, the student may receive a reduction of 1/3 of a letter grade. Each additional
absence may result in an additional report to the Associate Dean and an additional 1/3 of a grade drop.
1
Participation
I will call on students both to discuss cases and to comment on the issues we are discussing.
Participation in the class discussion helps all of us in the learning process. Professional conduct is
expected during class. Such professionalism includes respect for your fellow students in timeliness,
preparation, and addressing different points of view. As we are all in the process of learning, the
classroom discussion involves some risk-taking in considering new ideas and different arguments. Such
possibilities can be combined with respect for the rest of the class.
If you are not prepared for a particular class, be sure to indicate so on the Pass Sheet at the podium by
the start of class. You may pass twice without any negative effect to your final grade. If you are not
prepared and have not notified me as noted here, you may be marked absent for the class day.
Students with poor class participation will have their final grade dropped by 1/3 of a letter grade. The
decision to drop a grade for participation is at my discretion and is non-negotiable. A drop for class
participation can result from a combination of unpreparedness, not paying attention in class, and
absences (even if you are within the six-absence limit).
A student may go up a 1/3 of a letter grade for making a substantial contribution to the class. Note that
volunteering every class does not constitute a substantial contribution—quality, not quantity matters.
Besides the assigned materials, I welcome student interest in topical matters that are not explicitly in
the curriculum. If appropriate, I will incorporate class time for a discussion of particular social science
issues or studies reflecting the class’s interests.
Grading
Besides the aforementioned attendance and participation policies, your final grade will be determined
by your performance on a final paper due May 3 at noon. Failure to submit a timely, good-faith
prospectus, draft, or final paper will result in a lower final grade.
Office Hours: Mondays 1:00pm to 2:30pm and also by appointment.
Recordings
Please do not make audio or visual recordings of the class without my prior express approval.
2
Initial Assignment Schedule
Part I: Overview and General Principles
Jan 19
Jurisprudential Origins
Skim: pp. 1-32
Read:
Stephen Clowney, An Empirical Look at Churches in the Zoning Process, 116 Yale L.J. 859 (2007)
Jan 21
Social Science Methods
Read: pp. 57-89
Jan 26
Social Science Methods
Read: pp. 89-102
Part II: Determining Facts
Jan 28
Trademarks
Read: pp. 104-127, 135-137 (Reference Guide on Survey Research)
Feb 2
Trademarks, cont’d
Read: pp. 127-142
Feb 4
Obscenity
Read: pp. 142-167
Feb 9
Damages
Read: pp.167-187
Part III: Making Law
Feb 11
School Segregation by Race
Skim pp. 188-192, Read: pp. 192-226
3
Feb 16
Impact Measurement
Read: Bound for Glory, pp. 42-54
Feb 18
School Segregation by Gender
Read: pp. 226-248
Feb 19
Two page prospectus due with bibliography at noon.
Feb 23
First Amendment: Obscene/Violent Entertainment
Read: pp. 248-272
Feb 25
Sixth Amendment: Juries & Witnesses
Read: pp.272-296
Mar 1
Death
Read: pp.296-323
Mar 3
Death, cont’d
Read: pp. 323-351
A second assignment schedule will be distributed by March. A draft paper will be due April 1 at
noon.
4